PERSPEKTIF : Kajian Masalah Hukum dan Pembangunan

PENERAPAN PRINSIP JUAL BELI DENGAN SISTEM PAYLATER DALAM PERSPEKTIF HUKUM ISLAM

2025-08-12T05:38:33+00:00

Current technological advances allow humans to be able to transact using information technology, this is no exception in terms of buying and selling. In the buying and selling system, the payment has also developed, namely the Paylater system. While the existence of this payment system is the category of usury in the perspective of Islamic law. So this research was conducted to examine this matter, how the application of the principle of buying and selling using the Paylater system in the perspective of Islamic Law. So that from the study that the author found, namely in buying and selling according to Islamic law there is the principle of tawhid, the principle of justice, the principle of honesty, the principle of willingness/freedom, and the principle of maslahat or benefit. The research method in this study is normative with a conceptual and statutory approach. So that from these existing principles, the author relates the indicators and implementation of these principles to the Paylater system which from the study can be concluded that the various Paylater payment systems carried out by online buying and selling applications in Indonesia have their own characteristics or characteristics which in the end the use of the Paylater system is not in accordance with Islamic law because there is an element of usury in it because of the debt (Al-Qardh) that exists in the system.

UPAYA HUKUM TERHADAP INVESTASI CRYPTOCURRENCY DOGECOIN ILEGAL YANG MERUGIKAN KONSUMEN

2025-08-12T05:41:25+00:00

The supply and demand for digital era commodity assets is related to the development of commodity markets. Investing in cryptocurrencies is very attractive as an alternative investment opportunity that has the potential to gain huge profits in a fairly short time. Causing the general public to experience a lack of understanding of the Dogecoin cryptocurrency investment system, which puts investors at risk of experiencing difficulties. government Legal protection for investors and legal certainty when there are regulations are regulated in CoFTRA Regulation Number 5 of 2019 concerning Technical Provisions for the Physical Market of Crypto Assets on the Futures Exchange. This research aims to analyze legal remedies for Dogecoin cryptocurrency investment and legal protection for investors and legal certainty when there are regulations stipulated in Bappebti Regulation Number 5 of 2019 concerning Technical Provisions for the Physical Market of Crypto Assets on the Legal Futures Exchange which is detrimental to consumers. The research approach in this study is a normative legal research method using a statutory and regulatory approach and a contextual approach. Based on the research results, it can be concluded that legal action regarding the Dogecoin Cryptocurrency investment dispute can be resolved through non-litigation and litigation.

YURISDIKSI INTERNATIONAL CRIMINAL COURT TERHADAP KEJAHATAN LINGKUNGAN HIDUP

2025-08-12T05:44:38+00:00

The jurisdiction of the International Criminal Court (ICC) over environmental crimes has become a critical issue in international criminal law, particularly concerning the potential recognition of ecocide as an international crime. Although the Rome Statute does not yet formally include ecocide within its scope, discourse surrounding its inclusion has intensified amid the worsening global environmental crisis. This study employs a normative legal approach to examine the development of international legal norms relating to environmental crimes and to evaluate the feasibility of expanding the ICC’s jurisdiction to encompass ecocide. The findings indicate that the inclusion of ecocide under the ICC’s jurisdiction could enhance global environmental protection and reduce impunity for those responsible for severe environmental harm. However, normative and practical challenges—such as the formulation of a clear legal definition and the establishment of constitutive elements of the crime—remain significant obstacles to implementation. This research contributes to the advancement of international legal discourse on environmental protection and accountability for environmental crimes.

PERBANDINGAN PENGATURAN DALAM UU NO. 2 TAHUN 2012 DAN PERDAIS NO. 1 TAHUN 2017 TERKAIT PENGADAAN TANAH UNTUK KEPENTINGAN UMUM DI TANAH KESULTANAN

2025-08-12T05:46:26+00:00

The high rate of toll road construction aims to smooth traffic in developed areas and enhance the equitable distribution of development outcomes. One of the toll road constructions targeted to be operational in 2024 is the Yogyakarta-Bawen toll road. The construction of this toll road is considered important because Yogyakarta plays a role as a hub for economic development in southern Java. The issue that becomes important when constructing a toll road is the mechanism for acquiring land owned by residents to be converted into a road. This raises issues regarding the mechanism for land acquisition for public purposes on Sultanate land, which has distinct characteristics compared to privately owned land. In this study, a comparison will be made regarding the regulation of land acquisition for public interest in Law No. 2 of 2012 as amended by Law No. 6 of 2023 with the Regional Regulation No. 1 of 2017. Additionally, the study will examine how the mechanism of land acquisition for public interest on Sultanate land in the construction of the Yogyakarta-Bawen toll road. This research employs an empirical juridical research type with a statutory approach, a conceptual approach, and a case approach. The research results indicate that there are differences in the provisions regarding land acquisition for public purposes in Law No. 2 of 2012 compared to DIY Regional Regulation No. 1 of 2017.

PENERAPAN ASAS TABELLIONIS OFFICIUM FIDELITER EXERCEBO DALAM PENANDATANGANAN AKTA NOTARIS SECARA DIGITAL

2025-08-15T04:33:50+00:00

The development of information and communication technology requires the law to move dynamically along with developments in time and technology. There is a principle used by Notaries in carrying out their duties and positions, namely the Tablelionis Officium Fideliter Exercebo Principle, the principle which states that Notaries must work traditionally. There is a problem formulation, namely the Influence of Digital Signatures on the Obligations and Authorities of Notaries Based on the Tablelionis Officium Fideliter Exercebo Principle. The approach used is a statutory approach (statue approach) and a contextual approach (conceptual approach). The basis for applying digital signatures is contained in article 1 number 12 of the ITE Law and article 1 number 22 of PP PSTE which has legal force and legal consequences, at the General Meeting of Shareholders (GMS) carried out virtually. Digital signatures in e-rups have fulfilled the requirements in the ITE Law. Making e-rups by a Notary must also not violate the principle of the principle of the Tablelionis Officium Fideliter Exercebo principle.

REKONSTRUKSI KEDUDUKAN AMICUS CURIAE DALAM HUKUM ACARA PIDANA DI INDONESIA: Analisis Putusan Pengadilan Negeri No. 798/Pid.B/2022/PN.Jkt.Sel.

2025-08-12T05:52:02+00:00

The purpose of this research is to determine the position of this foreign concept in the Indonesian legal system, specifically criminal procedural law, and to examine the existence of the amicus curiae concept in the settlement of case number 798/Pid.B/2022/PN Jkt.Sel while linking its existence in the case with the principle of res judicata pro veritate habetur, which is inherent in every decision product of an institution with the authority to adjudicate. This research was conducted in a normative juridical manner using literature or secondary data and an analytical method in the form of in-depth analysis that produces sentences according to the rules or is called qualitative. The selection of this title focuses on the position of amicus curiae itself in Indonesian criminal justice and its role in the judge’s legal considerations that result in a decision in a particular case. More or less it was found that the position of this concept is not explicitly regulated in any regulations in Indonesia, but its existence can still be found because in fact there are several regulations that indicate this concept can be used. The existence of this concept in the settlement of cases resulting in court decisions remains within the principle of res judicata pro veritate habetur, which means that it is not appropriate to doubt the decision even though it is known that there is a contribution from amicus curiae who do not have a clear position.

PEMIDANAAN PELAKU PENYEBARAN PORNOGRAFI YANG MENGIDAP EKSIBISIONISME (KAJIAN PUTUSAN NOMOR: 23/Pid.B/2022/PN.Wat)

2025-08-12T05:50:02+00:00

Exhibitionism is a deviant sexual fantasy by showing one’s genitals to other people. This behavior certainly violates the norms of decency and norms which causes unrest and disturbs the peace in the community. Therefore, legal norms must be enforced in order to maintain order and peace and provide legal certainty in social life. Talking about criminal acts cannot be separated from discussing the punishment of the perpetrators of the criminal acts themselves. It can be said that criminal impositions must pay attention to the purpose of punishment which is identical to the punishment that applies for violating a legal rule. In Decision Number 23/Pid.B/2022/PN Wat the defendant admitted to making videos/photos of himself that contained pornography. During the investigation process, the defendant was examined by a psychologist with the results of the examination showing that the defendant suffered from exhibitionism. The panel sentenced the defendant to 10 months imprisonment and a fine of Rp. 250,000,000.